13 Cited authorities

  1. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,633 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
  2. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,208 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity
  3. Boyer v. Snap-On Tools Corp.

    913 F.2d 108 (3d Cir. 1990)   Cited 1,404 times   1 Legal Analyses
    Holding that the removal statutes "are to be strictly construed against removal and all doubts should be resolved in favor of remand"
  4. Batoff v. State Farm Ins. Co.

    977 F.2d 848 (3d Cir. 1992)   Cited 938 times
    Holding that because there was at least a colorable claim against the non-diverse defendant in state court, remand was proper
  5. In re Briscoe

    448 F.3d 201 (3d Cir. 2006)   Cited 548 times   4 Legal Analyses
    Holding a district court cannot delve into the merits of a claim in a fraudulent-joinder inquiry
  6. Steel Valley Auth. v. Union Switch & Signal Div.

    809 F.2d 1006 (3d Cir. 1987)   Cited 902 times
    Holding that a claim for injunctive relief affecting the alienability of a non-party's property required that non-party's joinder under Rule 19
  7. Abels v. State Farm Fire Cas. Co.

    770 F.2d 26 (3d Cir. 1985)   Cited 688 times   1 Legal Analyses
    Holding the claims in an action asserted against "Doe defendants" survived fraudulent-joinder analysis, as plaintiffs were endeavoring to proceed against those defendants and to conduct discovery
  8. Brown v. Jevic

    575 F.3d 322 (3d Cir. 2009)   Cited 265 times   1 Legal Analyses
    Holding that "[w]e, along with our sister circuits, have recognized that a statute of limitations defense is properly considered in connection with a fraudulent joinder inquiry"
  9. Aguas v. State

    220 N.J. 494 (N.J. 2015)   Cited 64 times   6 Legal Analyses
    Holding in a gender-based LAD hostile work environment case, a female plaintiff must demonstrate that the complained-of conduct " would not have occurred but for [her] gender; and it was severe or pervasive enough to make a reasonable woman believe that the conditions of employment are altered and the working environment is hostile or abusive"
  10. Freichs v. Lifestar Response Corp.

    Civ. No. 09-4460 (DRD) (D.N.J. Nov. 3, 2009)   Cited 12 times
    Noting that, although the plaintiff's complaint was sparse, it stated a colorable aiding and abetting claim by "implying that [the plaintiff] was either terminated on [the supervisor's] authority or [that the supervisor] was responsible for communicating with company decision-makers regarding [the plaintiff's] disability and eventual firing"
  11. Rule 72 - Magistrate Judges: Pretrial Order

    Fed. R. Civ. P. 72   Cited 164,325 times   20 Legal Analyses
    Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order
  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 154,542 times   193 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."